AOS while on ESTA?

[SalishSea 16,806]

1 hour ago, portorusa said:

What bothers me is the need to travel during corona.

If he adjusts status now, why would he need to travel?

[Diane and Chris 651]

Would his situation qualify for him to return sooner, by being married to a U.S. citizen, if he were to travel back to France to get his visa?  

[Boiler 43,545]

It would qualify him to enter the US, spouse of USC's get a pass.

[Diane and Chris 651]

37 minutes ago, Boiler said:

It would qualify him to enter the US, spouse of USC's get a pass.

That’s what I thought. In that case, if it were me, I would get my visa ASAP. However, I think their decision has already been made for him to say. 

[Boiler 43,545]

1 minute ago, Diane and Chris said:

That’s what I thought. In that case, if it were me, I would get my visa ASAP. However, I think their decision has already been made for him to say. 

I think you are correct.

[pushbrk 12,136]

5 hours ago, Boiler said:

I think you are correct.

Looks that way, but even though the US would let him in, there needs to be an available flight too or he's stuck.  I'm a US Citizen.  The US will let me in.  There are no available flights from my location at this time.  Fortunately, I don't need to travel.

[portorusa 431]

8 hours ago, pushbrk said:

Looks that way, but even though the US would let him in, there needs to be an available flight too or he's stuck.  I'm a US Citizen.  The US will let me in.  There are no available flights from my location at this time.  Fortunately, I don't need to travel.

Exactly our concern. The situation changes so quickly it’s impossible to plan anything. 

 

[carmel34 3,531]

He's here, you can file AOS if you want to, sounds like you both know of the disadvantages of that, most likely a very long wait for AP/EAD given the situation now and the USCIS backlog that will surely slow things down even more in the coming months.  If he is OK with the long period of time not able to work or leave the country, go for it.  At least you're together.  Good luck whichever way you choose to go!

[NikLR 13,220]

19 hours ago, portorusa said:

Exactly our concern. The situation changes so quickly it’s impossible to plan anything. 

 

How long has it been since his medical exam?

While it doesnt bother you that he cant try to work you said it bothered him.  That should be taken into consideration.  I dont think so many Americans realized how frustrating it is not to work until we've been told to stay home.  Now its only been a few weeks, but imagine MONTHS of forced stay at home measures.  Cabin fever is a real thing. Just getting outside doesnt necessarily help. 

[portorusa 431]

Yes, we realize it will be a torture of another long wait. Especially now when the immigrant visa is literally within a reach. It’s already 15 months since we started the process. The Embassy screwed us royally on a long AP due to a missing document. Otherwise my husband could have been a permanent resident since last December.

Another email from Embassy says they are extremely understaffed but will try to issue the visa ASAP if my husband delivers it personally.

 His medical will expire on May 18. His ESTA stay ends on May 9. We decided to do nothing at the moment, and just wait a little to see if the situation in France gets better. 

[NikLR 13,220]

2 hours ago, portorusa said:

Yes, we realize it will be a torture of another long wait. Especially now when the immigrant visa is literally within a reach. It’s already 15 months since we started the process. The Embassy screwed us royally on a long AP due to a missing document. Otherwise my husband could have been a permanent resident since last December.

Another email from Embassy says they are extremely understaffed but will try to issue the visa ASAP if my husband delivers it personally.

 His medical will expire on May 18. His ESTA stay ends on May 9. We decided to do nothing at the moment, and just wait a little to see if the situation in France gets better. 

TBH I hope it does get better by then. I honestly think the CR1/IR1 is your better option.  But the choice is yours (both of yours.)  

[전은영 11]

I am visiting my husband in Guam with ESTA, I looked and if you are under visa waiver system, you can extend it up to 30 days by law. it's legal if you sign up some papers. (google covid19 esta) 

I was going to do that as my flight back as canceled as well. But somehow my country sent a flight here to grab everyone who are stucked. so I figured there is no reason to say 'I can't leave' to  USCIS...

I bet there are tones of people in the same situation. But I decided not to risk the possibility of staying together forever than staying together for few more days.